Civil Commitment of Sexually Violent Persons
History: States w/CC are omitted here. This follows:
Typically, these laws provide a legal mechanism for the confinement of a limited number of ADULT sexual offenders in a secure treatment after incarceration when a court determines they are likely to engage in future acts of sexual violence.
Texas has an exclusively community-based commitment program and Pennsylvania has a civil commitment program only for juvenile offenders aging out of the delinquency system.
To meet the criteria for commitment, the offender must suffer from a mental abnormality or personality disorder predisposing the offender to commit future acts of sexual violence.
The use of civil commitment for sexual offenders has generated considerable debate in legal and clinical professions, and it continues to be debated even among professionals who work with and conduct research on sexual offenders.
Proponents argue that such provisions offer an important community protection safeguard by incapacitating a high risk subgroup off sex offenders. In addition, civil commitment can provide opportunities for these individuals to receive treatment interventions that may reduce their potential to recidiviate upon release to the community, particularly offenders for whom specialized treatment was not available in the prison setting.
Objections to civil commitment are generally three fold.
First, the legal mechanism by which the offenders are detained when civill committed depends on clinical criteria primarily created or defined by legislative bodies rather than by the scientific or mental health communities. ..Continued.. by ATSA